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(영문) 서울서부지방법원 2018.02.12 2017고단3935

폭행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On October 17, 2017, at around 23:17, the Defendant was punished with C and Si expenses due to parking problems in the Eunpyeong-gu Seoul parking lot B, Eunpyeong-gu, Seoul, the Defendant inflicted injury on the victim D (n, 42 years old) who is the spouse of C, and caused the victim's cryp to the head of a multi-user head, thereby suffering approximately three weeks of coconcing the bones, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to D or C;

1. A report on investigation (a statement by a wooden phone);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Part concerning the dismissal of a public prosecution under Article 62(1) of the Criminal Act (i.e., the violation of one’s mistake and the agreement with the victim)

1. On October 17, 2017, around 23:17, 2017, the Defendant assaulted the victim of the vehicle with the victim C (35 years old)'s chest face with a knee and knee, knee and walked with a knee, with a view to parking problems at the parking lot B in Eunpyeong-gu Seoul Metropolitan Government.

2. Determination

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

C. On February 9, 2018, after the institution of the instant indictment, the victim’s written application was submitted to the victim that he/she would not want punishment against the Defendant.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;